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Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....f victim Rina Begum and there was an affair of love between them, which converted appellant No.2 to a Muslim. P.W. 7 Ashraf Ali in his statement under section 161 of the Code also stated him the same facts and added that appellant No.2 and the victim had gone together to Dhaka. 16. On t......gree. This Case is also Reported in: ......ge examined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence and examined five witnesses in defense. The defense case as it transpires from evidence of the defense witnesses as well as from the trend of cross-examination that the appellants..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......nd down the lower Court records. Ed. This Case is also Reported in: ......ed with trial. The plaintiffs in order to prove their case cited three witnesses, namely, plaintiff No.1 Md. Jahir Uddin as P.W.1, one Abdul Khaleque as P.W.2 and Mafiz Uddin as P.W.3 and adduced in evidence the R.S. Khatian Nos. 173 and 174 marked exhibit-1 series; a letter issued from office of t..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......al-For the opposite party. Criminal Miscellaneous Case No. 4086 of 2004. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 20.11.2003 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal No.2, ......the P.Ws. that the case was false and he was implicated falsely in this case. 6. During trial the prosecution examined as many as 5 witnesses and defence examined none. 7. After considering the evidences and hearing the parties the learned Nari-O-Shishu Nirjatan Tribunal No.2, Chuadanga convic..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....em to suffer rigorous imprisonment for a period of 7(seven) years and to pay a fine of Taka 1,22,44,2007 in equal share and in default to suffer rigorous imprisonment 1 (one) year more. 2. Brief facts, necessary for the disposal of the appeal, are as follows; On 9-8-2007 Md. Mahmud Hasan, ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J ATM Qamruzzaman Khan................Appellant Vs. State and another.........................Respondents Judgment March 29, 2011. ......ge could not read over to the appellant ATM Qumruzzaman Khan as he was absconding. 5. In this case prosecution examined as many as 10 witnesses and defence examined none. On closing of the evidence of the prosecution the convict appellant Md. Atiq Ullah Khan Masud was examined under secti..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......t No.1. 3. The learned advocate appearing for the appellant on drawing our attention to the factual aspect of the case submits that the investigation officer during investigation considering the evidence of the victim as well as medical report and other evidences found no prima facie case again..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirja......r the inherent infirmity of the prosecution witnesses and came erroneous finding in convicting the appellant and the victim P.W.1 disclosed about the occurrence after a long laps of time and from the evidence of P.W.1 it is clear that she willingly had sexual intercourse with the appellant and as ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....held the decision of the Commissioner of Taxes (Appeal) against which this Reference Application has been preferred in which following questions have been framed:— "A. Whether, on the facts and in the circumstances of the case, the Tribunal was justified under section 53BBB......;s Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as a regular payee he paid tax at the ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....its entire assets to the defendant Nos.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/s Imperial commercial Industries. From the evidence of PW1 we find that those facts have been admitted by the P.W.1. The PW1 has also admitted in his examination in chief that th......is also Reported in: 65 DLR (HCD) (2013) 543 ......aw money from HRC Case No. 224 of 1983? 5) Whether the plaintiff is entitled to get a decree as prayed for? 6. Both the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgment and decree dated 2-11-1996 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....and registered on 10.12.1951. So the sole question arose for determination in this suit was which of these 2 kabalas of the contesting parties was valid. 9. The trial court, on consideration of the facts, circumstances and evidence came before it found that the plaintiffs' alleged kabala in the na......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………......951. So the sole question arose for determination in this suit was which of these 2 kabalas of the contesting parties was valid. 9. The trial court, on consideration of the facts, circumstances and evidence came before it found that the plaintiffs' alleged kabala in the name of Sirajul Islam was v..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....ge, Satkhira challenging the said judgment and order dated 17.9.1995. The learned Subordinate Judge, Second Court, Satkhira ultimately heard the appeal and dismissed the same on concurrent finding of facts by his judgment and order dated 11.4.2001. The petitioner moved in this Court against the said...... ......hat the preemptor was a co-sharer in the case land. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. Both the parties examined their witnesses and adduced evidence to prove their respective cases. After conclusion of trial, the learned Assistant Judge fou..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....t the accused are armed with deadly weapons and caused injuries with the same, the proof of common intention may easily be gathered from the manner in which the occurrence took place. 28. In the facts and circumstances of the instant case, we are of the view that the prosecution has been able t......smissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the particip...... cause death making them punishable under sections 302/34 of the Penal Code……………… (30) The confessional statement can not be treated as a valid piece of evidence either to convict its maker or to corroborate any other evidence as non-compliance of the v..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....- This Civil Petition for Leave to Appeal is directed against the judgment and order dated 11.03.2010 passed by a Division Bench of the High Court Division in Writ Petition No.8731 of 2008. 2. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are as follows: ......ate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For respondent No.1. Not respondent-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1196 of 2010. (From the judgment and order dated 11.03.2010 passed by the High Court Division in Writ Petition No.8731 of 2008.) J......dalat Ain, 2003 has clearly stated that a Artha Rin Suit has to be filed by presentation of plaint accompanied by an affidavit in support of the averments of the plaint and the relevant documentary evidence and also ad valorem court fee. The very language of the above quoted sub-section (2) of sec..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... be made available to the employees of the dissolved Pubali Bank just because Act No. XII of 1974 has been adopted in the Pubali Bank (Employees) Service Regulations, 1981. 31. Consideration the facts and circumstances of the case, the observation and findings made above we find no substan......) Present: Farah Mahbub J Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......gment AKM Asaduzzaman J. - On an application under section 561A of the Code of Criminal Procedure this rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 24.7.2008 passed by the learned Metropolitan Special Tribunal No.7 and Juvenile C......thout jurisdiction and the conviction and sentence is liable to be set aside and quashed. He further submits that the prosecution has miserably failed to prove the place of occurrence by adducing any evidence and accordingly the impugned conviction also can be said to be passed basing of no sufficie..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... Miscellaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellan......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App......e suit property. The case of the present opposite party No.1 is false and liable to be dismissed. 4. The learned Assistant Judge, Singair, Manikganj after hearing the parties and considering the evidence on record allowed the said miscellaneous case and setting aside the order of auction date..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ...... (HCD) (2012) 831. ......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....urther seek for any approval of Bangladesh Bank to the petitioner’s appointment, nor did Bangladesh Bank raise any objection in this regard till the petitioner attained the age of retirement. These facts give rise to a reasonable presumption that the provisions of the Service Regulations, 1993 bei...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......aque J.- I agree. Ed. This Case is also Reported in: ......ferred the instant appeal. 9. The learned advocate appearing for the appellants on drawing our attention to the deposition of the prosecution witnesses submits that this is absolutely a case of no evidence and the trial court convicted the appellants on mere surmises and conjecture, which is liab..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
....ppeal and reversing the judgment and decree dated 13-11-2006 passed by the learned Joint District Judge, 1st Court, Comilla in Money Suit No.4 of 2003 decreeing the suit in part.
4. The relevant facts in respect of CP No.1602 of 2010 are as follows:
"The present respondent No.1 as the......ent:
ABM Khairul Haque CJ
Md Muzammel Hossain J
SK Sinha J
Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
The......of the tender file which were marked as Exhibits-1 series, in the instant case the High Court Division elaborately discussed the relevant provisions of law as to the admissibility of documentary evidence. The photocopies of some documents of the tender file are secondary evidence. Admissib..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....just the sale proceeds against the claim of the bank. This is the mandate of section 12 (2) of the Ain. Now the bank can not avoid its responsibility on the plea that a suit was pending. The relevant facts regarding non-selling of the pledged goods are admitted and as such the submission of the lear...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Ali ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
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